When Az-Zubair got up during the battle of Al-Jamal, he called me and I stood up beside him, and he said to me, "O my son! Today one will be killed either as an oppressor or as an oppressed one. I see that I will be killed as an oppressed one. My biggest worry is my debts. Do you think, if we pay the debts, there will be something left for us from our money?" Az-Zubair added, "O my son! Sell our property and pay my debts." Az-Zubair then willed one-third of his property and willed one-third of that portion to his sons; namely, `Abdullah's sons. He said, "One-third of the one third. If any property is left after the payment of the debts, one-third (of the one-third of what is left) is to be given to your sons." (Hisham, a sub-narrator added, "Some of the sons of `Abdullah were equal in age to the sons of Az-Zubair e.g. Khubaib and `Abbas. `Abdullah had nine sons and nine daughters at that time." (The narrator `Abdullah added:) My father (Az-Zubair) went on drawing my attention to his debts saying, "If you should fail to pay part of the debts, appeal to my Master to help you." By Allah! I could not understand what he meant till I asked, "O father! Who is your Master?" He replied, "Allah (is my Master)." By Allah, whenever I had any difficulty regarding his debts, I would say, "Master of Az-Zubair! Pay his debts on his behalf ." and Allah would (help me to) pay it. Az-Zubair was martyred leaving no Dinar or Dirham but two pieces of land, one of which was (called) Al-Ghaba, and eleven houses in Medina, two in Basra, one in Kufa and one in Egypt. In fact, the source of the debt which he owed was, that if somebody brought some money to deposit with him. Az-Zubair would say, "No, (i won't keep it as a trust), but I take it as a debt, for I am afraid it might be lost." Az-Zubair was never appointed governor or collector of the tax of Kharaj or any other similar thing, but he collected his wealth (from the war booty he gained) during the holy battles he took part in, in the company of the Prophet, Abu Bakr, `Umar, and `Uthman. (`Abdullah bin Az-Zubair added:) When I counted his debt, it turned to be two million and two hundred thousand. (The sub-narrator added:) Hakim bin Hizam met `Abdullah bin Zubair and asked, "O my nephew! How much is the debt of my brother?" `Abdullah kept it as a secret and said, "One hundred thousand," Hakim said, "By Allah! I don't think your property will cover it." On that `Abdullah said to him, "What if it is two million and two hundred thousand?" Hakim said, "I don't think you can pay it; so if you are unable to pay all of it, I will help you." Az- Zubair had already bought Al-Ghaba for one hundred and seventy thousand. `Abdullah sold it for one million and six hundred thousand. Then he called the people saying, "Any person who has any money claim on Az-Zubair should come to us in Al-Ghaba." There came to him `Abdullah bin Ja`far whom Az-Zubair owed four hundred thousand. He said to `Abdullah bin Az-Zubair, "If you wish I will forgive you the debt." `Abdullah (bin Az-Zubair) said, "No." Then Ibn Ja`far said, "If you wish you can defer the payment if you should defer the payment of any debt." Ibn Az-Zubair said, "No." `Abdullah bin Ja`far said, "Give me a piece of the land." `Abdullah bin AzZubair said (to him), "Yours is the land extending from this place to this place." So, `Abdullah bin Az-Zubair sold some of the property (including the houses) and paid his debt perfectly, retaining four and a half shares from the land (i.e. Al-Ghaba). He then went to Mu'awlya while `Amr bin `Uthman, Al-Mundhir bin Az- Zubair and Ibn Zam`a were sitting with him. Mu'awiya asked, "At what price have you appraised Al- Ghaba?" He said, "One hundred thousand for each share," Muawiya asked, "How many shares have been left?" `Abdullah replied, "Four and a half shares." Al-Mundhir bin Az-Zubair said, "I would like to buy one share for one hundred thousand." `Amr bin `Uthman said, "I would like to buy one share for one hundred thousand." Ibn Zam`a said, "I would like to buy one share for one hundred thousand." Muawiya said, "How much is left now?" `Abdullah replied, "One share and a half." Muawiya said, "I would like to buy it for one hundred and fifty thousand." `Abdullah also sold his part to Muawiya six hundred thousand. When Ibn AzZubair had paid all the debts. Az-Zubair's sons said to him, "Distribute our inheritance among us." He said, "No, by Allah, I will not distribute it among you till I announce in four successive Hajj seasons, 'Would those who have money claims on Az-Zubair come so that we may pay them their debt." So, he started to announce that in public in every Hajj season, and when four years had elapsed, he distributed the inheritance among the inheritors. Az-Zubair had four wives, and after the one-third of his property was excluded (according to the will), each of his wives received one million and two hundred thousand. So the total amount of his property was fifty million and two hundred thousand.

Yahya said from Malik from Yahya ibn Said that Bushayr ibn Yasar informed him that Abdullah ibn Sahl al-Ansari and Muhayyisa ibn Masud went out to Khaybar, and they separated on their various businesses and Abdullah ibn Sahl was killed. Muhayyisa, and his brother Huwayyisa and Abd ar-Rahman ibn Sahl went to the Prophet, may Allah bless him and grant him peace, and Abd ar-Rahman began to speak before his brother. The Messenger of Allah, may Allah bless him and grant him peace, said, "The older first, the older first.

Therefore Huwayyisa and then Muhayyisa spoke and mentioned the affair of Abdullah ibn Sahl. The Messenger of Allah, may Allah bless him and grant him peace, said to them, "Do you swear with fifty oaths and claim the blood-money of your companion or the life of the murderer?" They said, "Messenger of Allah, we did not see it and we were not present." The Messenger of Allah, may Allah bless him and grant him peace, said, "Will you acquit the jews for fifty oaths?' They said, "Messenger of Allah, how can we accept the oaths of a people who are kafirun?"

Yahya ibn Said said, "Bushayr ibn Yasar claimed that the Messenger of Allah, may Allah bless him and grant him peace, paid the blood-money from his own property."

Malik said, "The generally agreed on way of doing things in our community and that which I heard from whoever I am content with, concerning the oath of qasama, and upon which the past and present imams agree, is that those who claim revenge begin with the oaths and swear. The oath for revenge is only obligatory in two situations. Either the slain person says, 'My blood is against so-and-so,' or the relatives entitled to the blood bring a partial proof of it that is not irrefutable against the one who is the object of the blood-claim. This obliges taking an oath on the part of those who claim the blood against those who are the object of the blood-claim. With us, swearing is only obliged in these two situations."

Malik said, "That is the sunna in which there is no dispute with us and which is still the behaviour of the people. The people who claim blood begin the swearings, whether it is an intentional killing or an accident."

Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, began with Banu Harith in the case of the killing of their kinsman murdered at Khaybar."

Malik said, "If those who make the claim swear, they deserve the blood of their kinsman and whoever they swear against is slain. Only one man can be killed in the qasama. Two cannot be killed in it. Fifty men from the blood-relatives must swear fifty oaths. If their number is less or some of them draw back, they can repeat their oaths, unless one of the relatives of the murdered man who deserves blood and who is permitted to pardon it, draws back. If one of these draws back, there is no way to revenge."

Yahya said that Malik said, "The oaths can be made by those of them who remain if one of them draws back who is not permitted to pardon. If one of the blood-relatives draws back who is permitted to pardon, even if he is only one, more oaths can not be made after that by the blood- relatives. If that occurs, the oaths can be on behalf of the one against whom the claim is made. So fifty of the men of his people swear fifty oaths. If there are not fifty men, more oaths can be made by those of them who already swore. If there is only the defendant, he swears fifty oaths and is acquitted."

Yahya said that Malik said, "One distinguishes between swearing for blood and oaths for one's rights. When a man has a money-claim against another man, he seeks to verify his due. When a man wants to kill another man, he does not kill him in the midst of people. He keeps to a place away from people. Had there only been swearing in cases where there is a clear proof and had one acted in it as one acts about one's rights (i.e. needing witnesses), the right of blood retribution would have been lost and people would have been swift to take advantage of it when they learned of the decision on it. However, the relatives of the murdered man were allowed to initiate swearing so that people might restrain themselves from blood and the murderer might beware lest he was put into a situation like that (i.e. qasama) by the statement of the murdered man.' "

Yahya said, "Malik said about a people of whom a certain number are suspected of murder and the relatives of the murdered man ask them to take oaths and they are numerous, so they ask that each man swears fifty oaths on his own behalf. The oaths are not divided out between them according to their number and they are not acquitted unless each man among them swears fifty oaths on his own behalf."

Malik said, "This is the best I have heard about the matter."

He said, "Swearing goes to the paternal relatives of the slain. They are the blood-relatives who swear against the killer and by whose swearing he is killed."

The Messenger of Allah (saws) sent an expedition to Khath'am. Some people sought protection by having recourse to prostration, and were hastily killed. When the Prophet (saws) heard that, he ordered half the blood-wit to be paid for them, saying: I am not responsible for any Muslim who stays among polytheists. They asked: Why, Messenger of Allah? He said: Their fires should not be visible to one another.

Abu Dawud said: Hushaim, Ma'mar, Khalid b. al-Wasiti and a group of narrators have also narrated it, but did not mention Jarir.

A man belonging to Usbadhiyin of the people of Bahrayn, who were the Magians of Hajar, came to the Messenger of Allah (saws) and remained with him (for some time), and then came out. I asked him: What have Allah and His Messenger of Allah decided for you? He replied: Evil. I said: Silent. He said: Islam or killing. AbdurRahman ibn Awf said: He accepted jizyah from them. Ibn Abbas said: The people followed the statement of AbdurRahman ibn Awf, and they left that which I heard from the Usbadhi.

A Jewess presented a roasted sheep to the Messenger of Allah (saws) at Khaybar.

He then mentioned the rest of the tradition like that of Jabir (No. 4495). He said: Then Bashir ibn al-Bara' ibn Ma'rur al-Ansari died. He sent someone to call on the Jewess, and said to her (when she came): What motivated you to do the work you have done? He then mentioned the rest of the tradition similar to the one mentioned by Jabir (No. 4495).

The Messenger of Allah (saws) then ordered regarding her and she was killed. But he (AbuSalamah) did not mention the matter of cupping.

Malik related to me from Ibn Shihab that he had heard that in the time of the Messenger of Allah, may Allah bless him and grant him peace, women were becoming muslim in their own lands and they did not do hijra while their husbands were still kafirun although they themselves had become muslim. Among them was the daughter of al-Walid ibn al-Mughira and she was the wife of Safwan ibn Umayya. She became muslim on the day of the conquest (of Makka), and her husband, Safwan ibn Umayya fled from Islam. The Messenger of Allah, may Allah bless him and grant him peace, sent Safwan's paternal cousin, Wahb ibn Umayr with the cloak of the Messenger of Allah, may Allah bless him and grant him peace, as a safe-conduct for Safwan ibn Umayya, and the Messenger of Allah, may Allah bless him and grant him peace, called him to Islam and asked for him to come to him and if he was pleased with the matter to accept it. If not he would have a respite for two months.

When Safwan came to the Messenger of Allah, may Allah bless him and grant him peace, with his cloak, he called out to him over the heads of the people, "Muhammad! Wahb ibn Umayr brought me your cloak and claimed that you had summoned me to come to you and if I was pleased with the matter, I should accept it and if not, you would give me a respite for two months. "The Messenger of Allah, may Allah bless him and grant him peace, said, "Come down, Abu Wahb." He said, "No, by Allah! I will not come down until you make it clear to me." The Messenger of Allah, may Allah bless him and grant him peace, said, "You have a respite of four months." The Messenger of Allah, may Allah bless him and grant him peace, went out toward Hawazin at Hunayn. He sent to Safwan ibn Umayya to borrow some equipment and arms that he had. Safwan said, "Willingly or unwillingly?" He said, "Willingly." Therefore he lent him the equipment and arms which he had. Then Safwan went out with the Messenger of Allah, may Allah bless him and grant him peace, while he was still a kafir. He was present at the battles of Hunayn and at-Ta'if while he was still a kafir and his wife was a muslim. The Messenger of Allah, may Allah bless him and grant him peace, did not separate Safwan and his wife until he had become muslim, and his wife was settled with him by that marriage.

Yahya related to me from Malik from Nafi that Abdullah ibn Umar used to say, "A woman in ihram should not comb her hair when she leaves ihram until she has cut some of the tresses of her hair, and if she has an animal for sacrifice with her she should not cut off any of her hair until the animal has been killed."

Yahya related to me from Malik from Yahya ibn Said that Said ibn al-Musayyab used to say, "For the pigeon of Makka, when it is killed, a sheep is due."

Malik said, that if a man of the people of Makka were to enter ihram for hajj or umra and there was a flock of Makkan pigeons in his house and they were shut in and died, "I think that he should pay for that with a sheep for each bird."

Yahya related to me from Malik from Yahya ibn Said that a man came to Umar ibn al-Khattab and asked him about some locusts he had killed while he was in ihram. Umar said to Kab, "Come, let's decide." Kab said, "A dirham," and Umar said to Kab, "You can find dirhams. A date is better than a locust."

Yahya related to me from Malik from Ibn Shihab from Salim ibn Abdullah that Abdullah ibn Muhammad ibn Abi Bakras-Siddiq told Abdullah ibn Umar from A'isha, that the Prophet, may Allah bless him and grant him peace, said, "Don't you see that when your people built the Kaba they fell short of the foundations of Ibrahim?" A'isha said, "Messenger of Allah, won't you return it to the foundations of Ibrahim?" and the Messenger of Allah, may Allah bless him and grant him peace, said, "If it were not that your people have only recently left kufr, I would have done so."

Salim ibn Abdullah said that Abdullah ibn Umar said, "If A'isha heard this from the Messenger of Allah, may Allah bless him and grant him peace, then I consider that the Messenger of Allah, may Allah bless him and grant him peace, only refrained from greeting the two corners which are adjacent to the Hijr because the House had not been completed on the foundations of Ibrahim." (i.e. the corners he did not touch were not the original corners of the Kaba) .

Allah's Apostle sent `Abdullah bin 'Atik and `Abdullah bin `Utba with a group of men to Abu Rafi` (to kill him). They proceeded till they approached his castle, whereupon `Abdullah bin Atik said to them, "Wait (here), and in the meantime I will go and see." `Abdullah said later on, "I played a trick in order to enter the castle. By chance, they lost a donkey of theirs and came out carrying a flaming light to search for it. I was afraid that they would recognize me, so I covered my head and legs and pretended to answer the call to nature. The gatekeeper called, 'Whoever wants to come in, should come in before I close the gate.' So I went in and hid myself in a stall of a donkey near the gate of the castle. They took their supper with Abu Rafi` and had a chat till late at night. Then they went back to their homes. When the voices vanished and I no longer detected any movement, I came out. I had seen where the gate-keeper had kept the key of the castle in a hole in the wall. I took it and unlocked the gate of the castle, saying to myself, 'If these people should notice me, I will run away easily.' Then I locked all the doors of their houses from outside while they were inside, and ascended to Abu Rafi` by a staircase. I saw the house in complete darkness with its light off, and I could not know where the man was. So I called, 'O Abu Rafi`!' He replied, 'Who is it?' I proceeded towards the voice and hit him. He cried loudly but my blow was futile. Then I came to him, pretending to help him, saying with a different tone of my voice, ' What is wrong with you, O Abu Rafi`?' He said, 'Are you not surprised? Woe on your mother! A man has come to me and hit me with a sword!' So again I aimed at him and hit him, but the blow proved futile again, and on that Abu Rafi` cried loudly and his wife got up. I came again and changed my voice as if I were a helper, and found Abu Rafi` lying straight on his back, so I drove the sword into his belly and bent on it till I heard the sound of a bone break. Then I came out, filled with astonishment and went to the staircase to descend, but I fell down from it and got my leg dislocated. I bandaged it and went to my companions limping. I said (to them), 'Go and tell Allah's Apostle of this good news, but I will not leave (this place) till I hear the news of his (i.e. Abu Rafi`'s) death.' When dawn broke, an announcer of death got over the wall and announced, 'I convey to you the news of Abu Rafi`'s death.' I got up and proceeded without feeling any pain till I caught up with my companions before they reached the Prophet to whom I conveyed the good news."

Yahya related to me from Malik from Ibn Shihab from Ata ibn Yazid al-Laythi that Ubaydullah ibn Adi ibnal-Khiyar said, "Once when the Messenger of Allah, may Allah bless him and grant him peace, was sitting with some people, a man came to him and spoke secretly to him. Nobody knew what he had said until the Messenger of Allah, may Allah bless him and grant him peace, disclosed that he had asked for permission to kill one of the hypocrites. When he disclosed this, the Messenger of Allah, may Allah bless him and grant him peace, said, 'Doesn't he testify that there is no god but Allah and that Muhammad is the Messenger of Allah?' The man replied, 'Of course, but he hasn't really done so.' He said, 'Doesn't he do the prayer?' and the man replied, 'Of course, but he doesn't really do the prayer.' He said, may Allah bless him and grant him peace, 'Those are the ones whom Allah has forbidden me (to kill).' "

Yahya related to me, and I (myself) heard Malik say, "The best that I have heard about some one who has to fast for two consecutive months because of having killed someone by mistake or having pronounced the dhihar form of divorce, becoming very ill and having to break his fast, is that if he recovers from his illness and is strong enough to fast, he must not delay doing so. He continues his fast from where he left off.

Similarly, a woman who has to fast because of having killed some one by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off.

No one who, by the Book of Allah, has to fast for two consecutive months may break his fast except for a reason - illness or menstruation. He must not travel and break his fast."

Malik said, "This is the best that I have heard about the matter."